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Baier plays Earnest the video of Biden saying -no hearing on a nominee in an election year-
Josh Earnest really doesn't have an answer here.Watch the latest video at video.foxnews.com

On "Special Report" tonight, White House Press Secretary Josh Earnest reacted to a clip from 1988 of then-Senate Judiciary Committee Chairman Joe Biden saying that the Senate should wait until after the campaign season was over to nominate a new Supreme Court Justice.

Senate Republicans have cited this so-called "Biden rule" in their decision not to hold a hearing on President Obama's pick for the Supreme Court, Judge Merrick Garland.

"They say that's the same case," Bret Baier said to the White House spokesman.

Earnest said that Biden also indicated in that speech that he would give a fair hearing and an up-and-down vote if then-President Reagan nominated a "consensus pick."